THE CONSTITUTION OF INDIA
LIST OF DOCTRINES
S.No. | List of Doctrines | Meaning | Article Number |
1. | Ejusdem generis | Of the same kind | Article 12 |
2. | Ab initio | For the very beginning | Article 13 |
3. | Doctrine of Judicial Review | A law is declared unconstitutional by the Supreme Court or High Court if it contravenes any of the fundamental rights. | Articles 13, 32, 226 |
4. | Doctrine of Eclipse | The law which contravenes fundamental rights is not void ab initio. It remains in a morbid condition and unenforceable. It is not totally wiped out from the statute book. | Article 13 |
5. | Doctrine of severability | Whole law is not void under Article 13. Only that portion of law is void which contravenes the fundamental rights. Rest of the law may continue to stand and remain operative. | Article 13 |
6. | Doctrine of rule of law | Supremacy of law and absence of arbitrary power | Article 14 |
7. | Principle of reasonable classification | Equals cannot be treated unequally and unequals cannot be treated equally. | Article 14 |
8. | Audi alteram partem | No one should be condemned unheard | Articles 14, 21, 22 |
9. | Wednesbury Principle | This principle is used to adjudge the discretion provided to the executive under the statute | Article 14 |
10. | Lex non a rege est violanda | The law must not be violated even by the king | Article 14 |
11. | Pari passu | On equal footing | Article 14 |
12. | Rex quod injustum est facere non potest | The king cannot do what is unjust | Article 14 |
13. | Principle of proportionality of restrictions | Restrictions should not be arbitrary or beyond what is required for achieving the object | Article 19 |
14. | Ex post facto | A law which imposes penalty retrospectively | Article 20 |
15. | Double Jeopardy | No person shall be prosecuted and punished for the same offence more than once. | Article 20 |
16. | Nemo debet bis vexari pro una et eadem causa | A man shall not be vexed twice for one and the same cause. | Article 20 |
17. | Nemobis punitur poreo dem delicto | No one can be punished twice for the same offence | Article 20 |
18. | Autrefois convict | A defendant’s plea stating that he has already been tried for and convicted of the same offence. | Article 20 |
19. | Nova constitutio futuris formam imponere debet, non praeteritis | A new law ought to be prospective and not retrospective in operation | Article 20 |
20. | Doctrine of self-incrimination | No person accused of any offence shall be compelled to be witness against himself | Article 20 |
21. | Nemo tenetur prodere accussare scipsum | No man is bound to accuse himself | Article 20 |
22. | Nemopunitur pro alieno delicto | No one is to be punished for the crime or wrong of another | Article 21 |
23. | Ubi jus ibi remedium | Where there is a right, there is a remedy | Article 21 |
24. | Doctrine of rarest of the rare | Death penalty can only be given in rarest of the rare cases. | Article 21 |
25. | Doctrine of Public trust | Natural resources like air, water etc. are meant for general use and they cannot be limited by private ownership | Article 21 |
26. | Precautionary principle | The state government and the concerned authorities must anticipate, prevent and attack causes of environmental degradation | Article 21 |
27. | Polluter’s pay principle | One who carries on hazardous activities is liable to make good the loss caused to another by such activity. | Article 21 |
28. | Habeas Corpus | You shall have the Body | Articles 32, 226 |
29. | Locus standi | Tight of a party to bring an action before the court | Articles 32, 226 |
30. | Mandamus | We command | Articles 32, 226 |
31. | Quo warranto | By what authority | Articles 32, 226 |
32. | Certiorari | A writ or order by which a higher court reviews a case tried in a lower court. | Articles 32, 226 |
33. | Doctrine of distributive justice | The provisions deal with social and economic justice in order to minimize the inequalities and promote the welfare of the people. | Articles 38, 39 |
34. | Principle of collective responsibility | All members of the government are unanimous in support of its policies and would exhibit that unanimity on public occasions. | Article 75 |
35. | Principle of individual responsibility | An individual minister is responsible to the legislature for every action taken or omitted to be taken in his Ministry. | Article 75 |
36. | Sine die | Without any future date being designated | Article 85 |
37. | Ad hoc | For the special purpose | Article 127 |
38. | Nunc pro tunc | Now for then | Article 136 |
39. | Stare Decisis | To stand by the precedents | Article 141 |
40. | Obiter dicta | Observations made by the judge which is not essential for the decision reached | Article 141 |
41. | Ratio decidendi | The reason for the decision given by the court | Article 141 |
42. | Principle of consistency of law | A division bench ought to follow the earlier decision of a larger bench | Article 141 |
43. | Boni judicis est ampliare jurisdictionem | It is the part of a good judge to enlarge his jurisdiction | Article 226 |
44. | Theory of territorial nexus | The State Legislature cannot make extra-territorial laws except when there is sufficient connection between the State and the subject matter of the Legislation. | Article 245 |
45. | Plenary power of Legislature | It is the absolute power to enact laws and it is only subject to legislature competence and other constitutional limitations. | Article 246 |
46. | Ancillary or incidental power | The power to legislate on a topic includes the power to legislate on an ancillary or incidental matter which can be said to be reasonable included in the power given. | Article 246 |
47. | Doctrine of Pith and Substance | This rule envisages that the legislation as a whole is to be examined to ascertain its true nature and character in order to determine to what entry in which list it relates to. | Article 246 |
48. | Doctrine of Colorable legislation | What cannot be done directly, cannot also be done indirectly | Article 246 |
49. | Bona vacantia | Goods without an owner | Article 296 |
50. | Doctrine of eminent domain | It is an inherent right of State to acquire private property for public use on payment of compensation | Article 300A |
51. | Imperium in imperio | A sovereignty within a sovereignty | Article 324 |
52. | In foro conscientiae | In the form of conscience | Article 363 |
53. | Doctrine of Basic structure | The power of amendment cannot be exercised in such a way so as to abridge, take away or destroy the basic structure of the Constitution | Article 368 |
